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HomeMy WebLinkAbout7935 BOARD MEMBERS ��rjF SU!/j�,o Southold Town Hall Leslie Kanes Weisman, Chairperson h0 1p 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. OI,Y 54375 Main Road(at Youngs Avenue) Nicholas Planamento Ouffm Southold,NY 11971 RECEIVED http://southoldtownny.gov Pj1A ( 10.d&aXl& ZONING BOARD OF APPEALS SjJEP 24 310 TOWN OF SOUTHOLD Tel. (631) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19,2024 ZBA FILE No. 7935 NAME OF APPLICANT: Belle & Bean Ventures, LLC PROPERTY LOCATION: 3535 Westphalia Road,Mattituck,NY SCTM No. 1000-113-13-20 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated May 21, 2024 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is an 88,809 sq. ft. conforming lot located in an R-80 Zoning District. The property has a road frontage of 298.43 fronting Westphalia Road, along the northerly property line, runs 442.75 feet along the westerly property line, runs 67.10 along the southerly property line and runs approximately 507.36 feet along the easterly property line. The property is improved with an existing one and one- half story residence, with attached patio, an attached garage, and an accessory greenhouse as shown on survey prepared by Joseph M. Petito,LS, dated March 21, 2023. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-14 and the Building Inspector's April 9, 2024, Notice of Disapproval based on an application for a permit to legalize the "as built" habitable third story in an existing single-family dwelling; 1) more than the code permitted maximum two and one-half(2-1/2) stories; located at: 3535 Westphalia Road, Mattituck,NY. SCTM No. 1000-113-13-20. RELIEF REQUESTED: The applicant requests a variance to legalize-a nonconforming "as built" third story with habitable space located in a single-family dwelling. According to the bulk schedule in Chapter 280,the code allows a maximum of two and a half stories on residential parcels. ADDITIONAL INFORMATION: The application consists of a survey by Christopher Henn, L.S. dated June 7, 2022 submitted without the signature and seal of a licensed professional. Copies of a second survey by Joshua R. Wicks,P.L.S,dated January 11,2024,were submitted at the hearing with a professional stamp and seal.This survey notates grade/elevational levels on the property which indicate a significant slope from the front to the rear of the Page 2, September 19,2024 #7935,Belle&Bean SCTM No. 1000-113-13-20 property. These elevational differences were both documented by photos submitted by the applicant and confirmed by personal inspection by the Board of the subject property and dwelling. At the hearing the applicants described slopes on the property which resulted in 50%of the first floor of the dwelling not considered a story. The applicants claim that when purchased in 2022,the third story attic space was insulated,and a heating and cooling unit was already installed. The applicants finished the third story with drywall and flooring, and indicated that the room will only be used by them as an office and for storage. No plumbing is proposed to be installed. The applicant has applied for a rental permit, which is currently pending, and has testified that the property will be rented to prospective tenants for two to three months a year. However,the applicants also testified that the subject habitable 3'story personal office and storage space will be locked and unavailable to renters. No member of the public or an immediate neighbor spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5,2024 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law V67-b(3)(b)(1). Grant the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There will be no change to the exterior of the home which appears to be a two and a half story home from the street elevation. 2. Town Law V67-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Town's code does not allow more than two and a half story homes. However, the height of the home is code complaint and the hardship exists only because there are substantial slopes on the property from the front elevation to the rear elevation which drops down to permit ingress and egress from the first habitable floor level that is below grade, thereby technically creating a third story as proposed. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 100%relief from the code. However,the portion of the house now used for office space existed as an attic used for storage. The proposed personal office is approximately 399 square-feet in size and is comparable to other small home offices, sitting rooms and recreational uses on a third story without plumbing or sleeping space that have previously been approved by the Board of Appeals in dwellings with similar grade changes that create technical third stories when attic storage space is converted to habitable space. 4. Town Law U67-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law V67-b. Grant of is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a third story used only an office and storage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3, September 19,2024 97935,Belle&Bean SCTM No. 1000-113-13-20 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Acampora, seconded by Member Dames, and duly carried, to GRANT the variance as applied for,and shown on the Architectural Plans prepared by John J.Condon,LPE,sheets AO1 thru A13, dated August 31,2023. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall submit a full-sized signed survey by a professional land surveyor stamped with their professional seal,that includes elevation datum. 2. The subject third story space may be used solely by the property owners as a personal office/storage space and may not be used for sleeping or cooking. 3. No plumbing on the third story shall be permitted. 4. The applicants shall install a fire suppression system per state building code This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving -nonconformides under the zoning code. This action does not authorize or condone any current orfuture use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. IT IS THE PROPERTY OWNER'S Page 4,September 19,2024 #7935,Belle&Bean SCTM No. 1000-113-13-20 RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson),Dames,Planamento,Acampora and Lehnert.(5-0) Q�a— a A" Leslie Kanes Weisman, Chairperson Approved for filing 7/a 6 /2024